Terre Haute & Indianapolis R. R. Co. v. McCord

This action was commenced before a justice of the peace against appellant for injury by its trains, to live stock of appellee, which got on its track through an insufficient fence between his pasture and its' right of way. On the trial in the Circuit Court appellant offered no evidence, and conceded that it was bound to maintain the fence and had neglected its statutory duty in that behalf, but relied on the sole defense that “ the conduct of appellee in putting his stock into a pasture from which he undoubtedly believed they would get onto the right of way, was such gross contributory…